The Process Of Constructing Legal Facts In Courtroom Interaction-A Discourse Information Processing Perspective

The present study probes into the legal fact construction in terms of discourse information processing.Based on the model of discourse information processing in courtroom interaction, along with some engagement theory as the theoretical framework and court interaction as the data, we conduct the study from four strata in courtroom interaction, namely, relations of participants, interactive orientations of participants, linguistic strategies and devices adopted by them. This study focuses on linguistic strategies that are employed in legal fact construction. There are four main groups of strategies, which are initiating and concluding, elaborating and utilizing, ignoring and diverting and suppressing and destroying. These strategies are realized by a variety of linguistic devices. In the process of legal facts construction in courtroom interaction, different strategies are employed in different occasions to achieve different aims. The present study also examines three factors that influence legal facts construction. They are the factors of language, inter-subjectivity and legal procedures. By illustrating how legal facts construction is affected by these factors, the present study will hopefully shed some light on the current judicial system in terms of efficiency of legal facts construction and justness in courtroom interaction.